The units had been supplied to the main contractor on a construction site. They had not been fully bled of water before icy conditions struck and the residual liquid froze. That caused coils within the units to distort and crack. The contractor launched proceedings against the supplier on the basis that the user manual that had accompanied the units was unclear or otherwise deficient.

In striking out the contractor's case, however, the Court found that its criticisms of the user manual were unsustainable and that its claim stood no reasonable prospect of success. The manual was clear and unambiguous and there had never been any proper basis for the claim. There had also been substantial delays in the contractor's pursuit of the matter and it was only right that the claim should be put out of its misery.

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